Fulham Football Club (1987) Ltd v Richards & Anor [2010] EWHC 3111 (Ch) (01 December 2010)

Fulham Football Club (1987) Ltd v Richards & Anor [2010] EWHC 3111 (Ch) (01 December 2010)

The statutory right to present an unfair prejudice petition under Companies Act 2006 s.994 is not inalienable and can be subject to an arbitration agreement. Where the dispute falls within the scope of a valid arbitration agreement and the relief sought does not bind third parties or fall within public policy exceptions, the court must grant a stay of proceedings under Arbitration Act 1996 s.9.

Citation
[2010] EWHC 3111 (Ch)
Parties
Petitioner: Fulham Football Club (1987) Limited; 1st Respondent: Sir David Richards; 2nd Respondent: The Football Association Premier League Limited
Jurisdiction
England and Wales
Judgment Date
01 December 2010
Procedural Posture
Unfair Prejudice Petition Under Companies Act 2006 S.994 / Application for Stay of Proceedings Under Arbitration Act 1996 S.9
Outcome
Stay of proceedings granted under Arbitration Act 1996 s.9
Legal Topics
Unfair Prejudice, Arbitration Agreements, Jurisdiction of Court Vs Arbitration, Remedies Under Companies Act 2006 S.996
Company Law Arbitration Unfair Prejudice Arbitration Agreements Jurisdiction of Court Vs Arbitration Remedies Under Companies Act 2006 S.996

Case Brief

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Parties

Fulham Football Club (1987) Limited

Petitioner

Sir David Richards

1st Respondent

The Football Association Premier League Limited

2nd Respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act 2006 S.994 / Application for Stay of Proceedings Under Arbitration Act 1996 S.9

Legal Issues

  1. 1 Whether the statutory right to present an unfair prejudice petition under Companies Act 2006 s.994 can be removed or diminished by contract via an arbitration agreement
  2. 2 Whether the disputes in the petition fall within the scope of the arbitration agreements in the FAPL Rules and FA Rules
  3. 3 Whether the relief sought is of a nature that can be granted by arbitrators

Ratio Decidendi

The statutory right to present an unfair prejudice petition under Companies Act 2006 s.994 is not inalienable and can be subject to an arbitration agreement. Where the dispute falls within the scope of a valid arbitration agreement and the relief sought does not bind third parties or fall within public policy exceptions, the court must grant a stay of proceedings under Arbitration Act 1996 s.9.

Court Disposition

Stay of proceedings granted under Arbitration Act 1996 s.9

Orders

  • Proceedings stayed to allow arbitration under the FAPL Rules and FA Rules
  • Court to hear counsel on the precise form of order, permission to appeal, and costs